First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
BILL 3 – DRAFT 9/6/24
LLS NO. 25-0232.01 Jery Payne x2157
INTERIM COMMITTEE BILL
Transportation Legislation Review Committee
BILL TOPIC: Motor Vehicle Regulation Administration
A BILL FOR AN ACT
CONCERNING DOCUMENTS RELATED TO THE DIVISION OF MOTOR VEHICLES.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words indicate deletions from existing law.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)
Transportation Legislation Review Committee. Section 1 of the bill prohibits making, distributing, advertising, selling, promoting, completing, altering, or producing or causing to be made, distributed, advertised, sold, promoted, completed, altered, or produced a document or item that simulates or closely resembles an official document related to the administration of the motor vehicle or identification statutes. A person does not commit vehicular document piracy if the person received the express written permission of the department of revenue (department). A violation is punishable by a fine of not more than $1,000.
Sections 2 and 3 make the “Uniform Power of Attorney Act” apply to the motor vehicle statutes.
Section 4 repeals the requirement that a service-connected disability be permanent in order for a veteran to be eligible to register a motor vehicle without paying fees. Section 4 also repeals the license plates issued to foreign governments, consuls, or other official representatives of a foreign government. Section 5 repeals the Navy SEAL special license plate and the North American aerospace defense command special license plate, and section 6 repeals the “Alive at Twenty-five” special license plate.
Under current law, a minor who is under 18 years of age must submit a log showing the minor drove at least 50 hours with a driving supervisor to be issued a driver’s license. Section 7 authorizes any responsible adult to sign the log. Section 8 corrects a provision that describes a minor as being 21 years of age or older.
Under current law, the department may require a person to obtain a written medical opinion from certain medical professionals concerning medical criteria for driver licensing. Section 9 authorizes an advanced practice registered nurse to issue such an opinion.
Under current law, a person who is not lawfully present may, to obtain an identification document, use an identifying document issued by an agency of the United States government or its contractors or subcontractors in accordance with rules promulgated by the department, but this provision is scheduled to take effect on January 1, 2027. Section 10 changes this effective date to the earlier of January 1, 2027, or when the department is able to implement it.
Section 11 authorizes the use of a mobile driver’s license, which is an official electronic extension of a department-issued physical identification document, to verify age or identity. The provider of a mobile driver’s license must comply with the standards adopted by department rule. The department is given rule-making authority to approve and implement mobile driver’s licenses. Section 11 takes effect January 1, 2026.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 18-5-121 as follows:
18-5-121. Division of motor vehicles official product protection vehicular document piracy – applicability – penalty – definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) “DOCUMENT” MEANS A THING THAT USES WRITING TO SERVE AS EVIDENCE OR PROOF.
(b) (I) “OFFICIAL DOCUMENT” MEANS A DOCUMENT CREATED FOR THE PURPOSES OF ADMINISTERING ARTICLE 1, 2, 3, 4, 6, OR 12 OF TITLE 42 BY THE DEPARTMENT OF REVENUE OR THE DEPARTMENT’S AGENTS.
(II) “OFFICIAL DOCUMENT” INCLUDES THE FOLLOWING DOCUMENTS CONCERNING AN INDIVIDUAL’S IDENTIFICATION, A MOTOR VEHICLE, OR AN OFF-HIGHWAY VEHICLE:
(A) A LICENSE PLATE;
(B) A TEMPORARY LICENSE PLATE;
(C) A DRIVER’S LICENSE;
(D) AN IDENTIFICATION CARD;
(E) AN IDENTIFYING PLACARD;
(F) A CERTIFICATE OF TITLE;
(G) EVIDENCE OF AN EMISSIONS TEST; OR
(H) A REGISTRATION.
(2) A PERSON COMMITS VEHICULAR DOCUMENT PIRACY IF THE PERSON MAKES, DISTRIBUTES, ADVERTISES, SELLS, PROMOTES, COMPLETES, ALTERS, OR PRODUCES OR CAUSES TO BE MADE, DISTRIBUTED, ADVERTISED, SOLD, PROMOTED, COMPLETED, ALTERED, OR PRODUCED A DOCUMENT THAT:
(a) SIMULATES AN OFFICIAL DOCUMENT; OR
(b) CLOSELY RESEMBLES AN OFFICIAL DOCUMENT.
(3) A PERSON DOES NOT COMMIT VEHICULAR DOCUMENT PIRACY IF THE PERSON RECEIVED THE EXPRESS 1 WRITTEN PERMISSION OF THE DEPARTMENT OF REVENUE TO MAKE, DISTRIBUTE, ADVERTISE, SELL, PROMOTE, COMPLETE, ALTER, OR PRODUCE THE OFFICIAL DOCUMENT.
(4) A VIOLATION OF THIS SECTION MAY BE CHARGED IN ADDITION TO ANY OTHER VIOLATION COMMITTED BY THE PERSON IN THE COURSE OF VIOLATING THIS SECTION.
(5) THIS SECTION DOES NOT APPLY TO AGENTS OF THE DEPARTMENT OF REVENUE THAT ARE ENGAGING IN BUSINESS ON BEHALF OF THE DEPARTMENT AS PART OF THE PERSON’S OFFICIAL RESPONSIBILITIES AS AN AGENT.
(6) VEHICULAR DOCUMENT PIRACY IS A CIVIL INFRACTION AND IS PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
SECTION 2. In Colorado Revised Statutes, 15-14-703, add (2) as follows:
15-14-703. Applicability. (2) NOTWITHSTANDING SUBSECTION (1)(d) OF THIS SECTION, THIS PART 7 APPLIES TO POWER OF ATTORNEY FORMS CREATED BY THE DEPARTMENT OF REVENUE UNDER ARTICLE 1, 3, 6, OR 12 OF TITLE 42.
SECTION 3. In Colorado Revised Statutes, add 42-1-237 as follows:
42-1-237. “Uniform Power of Attorney Act” applies to motor vehicle documents. THE “UNIFORM POWER OF ATTORNEY ACT”, PART 7 OF ARTICLE 14 OF TITLE 15, APPLIES TO POWER OF ATTORNEY FORMS CREATED BY THE DEPARTMENT UNDER ARTICLE 1, 3, 6, OR 12 OF THIS TITLE 42.
SECTION 4. In Colorado Revised Statutes, 42-3-304, amend (3) introductory portion and (3)(a); and repeal (3)(b) as follows:
42-3-304. Registration fees – passenger-mile taxes – clean screen fund – pilot program – report – rules – definitions. (3) No fee shall be IS payable for the annual registration of a vehicle when:
(a) The owner of such THE vehicle is a veteran who in an application for registration shows that the owner has established such owner’s rights to benefits under the provisions of Public Law 663, 79th Congress PUB.L. 79-663, as amended, and Public Law 187, 82nd Congress PUB.L. 82-187, as amended, or is a veteran of the armed forces of the United States who incurred a disability and who is, at the date of such application, receiving compensation from the veterans administration or any branch of the armed forces of the United States for a fifty percent or more, service-connected permanent disability, or for loss of use of one or both feet or one or both hands, or for permanent impairment or loss of vision in both eyes that constitutes virtual or actual blindness. The exemption provided in this paragraph (a) shall apply SUBSECTION (3)(a) APPLIES to the original qualifying vehicle and to any vehicle subsequently purchased and owned by the same veteran but shall DOES not apply to more than one vehicle at a time.
(b) The application for registration shows that the owner of such vehicle is a foreign government or a consul or other official representative of a foreign government duly recognized by the department of state of the United States government. License plates for the vehicles qualifying for the exemption granted in this paragraph (b) shall be issued only by the department and shall bear such inscription as may be required to indicate their status.
SECTION 5. In Colorado Revised Statutes, 42-3-213, repeal (1)(a)(XVIII), (1)(a)(XXV), (19), and (26) as follows:
42-3-213. License plates – military veterans – rules – retirement. (1) (a) The department shall issue one or more sets of license plates to the following persons who own a truck that does not exceed sixteen thousand pounds empty weight, a passenger car, a motorcycle, or a noncommercial or recreational vehicle:
(XVIII) A person who supports the North American aerospace defense command;
(XXV) An honorably discharged or discharged LGBT veteran or a retired, reserve, or active member of the Navy SEALs;
(19) North American aerospace defense command commemorative special license plate. (a) The North American aerospace defense command commemorative special license plate shall be designed to indicate that the owner of the motor vehicle to which the license plate is attached wishes to commemorate the North American aerospace defense command’s fiftieth anniversary.
(b) The department shall issue North American aerospace defense command commemorative special license plates until January 1, 2010, or when the available inventory is depleted, whichever is later. This paragraph (b) shall not be deemed to prohibit the use of the plate after January 1, 2010, nor to require the plate to be recalled by the department.
(26) Honorably discharged or discharged LGBT veteran or retired, active, or reserve member of the Navy SEALs. (a) The department shall design the Navy SEAL license plate to indicate that an owner of a motor vehicle to which the plate is attached is a veteran, a reserve member, or an active member of the United States Navy SEALs.
(b) A natural person who has received an honorable discharge, is a discharged LGBT veteran, is retired, or is an active or reserve member of the United States Navy SEALs may use a United States Navy SEALs license plate. To qualify for the license plate, an applicant must submit a DD214 form issued by the United States government and a certification from the UDT/SEAL association, inc., the Rocky Mountain chapter of the UDT/SEAL association, inc., or a successor organization that the applicant has an honorable discharge from, is retired from, or is currently an active or reserve member of the Navy SEALs.
SECTION 6. In Colorado Revised Statutes, repeal 42-3-230.
SECTION 7. In Colorado Revised Statutes, 42-2-104, amend as it will become effective April 1, 2026, (4)(a)(II)(A) as follows:
42-2-104. Licenses issued – denied. (4) (a) The department shall not issue a driver’s license, including a temporary driver’s license under section 42-2-106 (5), to an individual under eighteen years of age unless the individual has:
(II) Submitted a log or other written evidence on a standardized form approved by the department certifying that the individual has completed not less than fifty hours of actual driving experience with a driving supervisor listed in section 42-2-106 (2)(b)(II) of which not less than ten hours must have been completed while driving at night, which form must be signed by:
(A) The individual who signed the affidavit of liability for the individual to obtain an instruction permit THE INDIVIDUAL’S PARENT OR GUARDIAN OR A RESPONSIBLE ADULT;
SECTION 8. In Colorado Revised Statutes, 42-2-106, amend as it will become effective April 1, 2026, (1)(d) as follows:
42-2-106. Instruction permits and temporary licenses – penalty. (1) (d) The department shall issue an instruction permit to a minor AN INDIVIDUAL who is twenty-one years of age or older and who meets the requirements to be issued an instruction permit in accordance with sections 42-2-107 and 42-2-108.
SECTION 9. In Colorado Revised Statutes, 42-2-112, amend (1), (2), and (3) as follows:
42-2-112. Medical advice – use by department – provider immunity – rules. (1) In order to determine whether any A licensed driver or any AN applicant for a driver’s license is physically or mentally able to operate a motor vehicle safely upon the highways of this state, the department is authorized, pursuant to this section and upon the adoption of rules concerning medical criteria for driver licensing, to seek and receive a written medical opinion from any physician, physician assistant, ADVANCED PRACTICE REGISTERED NURSE, or optometrist licensed in this state. Such written medical opinion may also be used by The department MAY USE THE WRITTEN MEDICAL OPINION in regard to the renewal, suspension, revocation, or cancellation of drivers’ DRIVER’S licenses pursuant to this article. No ARTICLE 2. THE DEPARTMENT SHALL NOT REQUIRE A PERSON TO OBTAIN A written medical opinion shall be sought pursuant to this section unless the department has reason to believe that the driver or applicant is physically or mentally unable to operate a motor vehicle safely upon the highways of this state.
(2) In addition to the written medical opinion sought and received pursuant to subsection (1) of this section, the department may consider a written medical opinion received from the personal physician, physician assistant, ADVANCED PRACTICE REGISTERED NURSE, or optometrist of an individual driver or applicant. Any A written medical opinion requested by the applicant or driver from a personal physician, physician assistant, ADVANCED PRACTICE REGISTERED NURSE, or optometrist shall MUST be provided to the department at the expense of the applicant or driver. Any A written medical opinion required by the department shall MUST also be at the expense of the applicant or driver.
(3) No A PERSON SHALL NOT BRING A civil or criminal action shall be brought against any A physician, physician assistant, ADVANCED PRACTICE REGISTERED NURSE, or optometrist licensed to practice in this state for providing a written medical or optometric opinion pursuant to subsection (1) or (2) of this section if the physician, physician assistant, ADVANCED PRACTICE REGISTERED NURSE, or optometrist acts in good faith and without malice.
SECTION 10. In Colorado Revised Statutes, 42-2-505, amend as it will become effective March 31, 2025, (1)(e)(II) as follows:
42-2-505. Identification documents – individuals not lawfully present – rules. (1) Documents issued. An individual who is not lawfully present in the United States may apply for an identification document in accordance with this part 5. The department shall issue an identification document to an applicant who:
(e) Presents one of the following documents that is unexpired or has expired less than ten years before the date of the individual’s application for an identification document:
(II) On and after THE EARLIER OF January 1, 2027, OR WHEN THE DEPARTMENT IS ABLE TO IMPLEMENT THIS SUBSECTION (1)(e)(II), an identifying document or a combination of identifying documents issued by an agency of the United States government or its contractors or subcontractors in accordance with rules promulgated by the department in accordance with subsection (4) of this section.
SECTION 11. In Colorado Revised Statutes, add 42-2-145 as follows:
42-2-145. Electronic identification documents – rules – applicability – definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) “MOBILE IDENTIFICATION DOCUMENT” MEANS A VERIFIABLE ELECTRONIC EXTENSION OF A DEPARTMENT-ISSUED PHYSICAL IDENTIFICATION DOCUMENT ISSUED UNDER THIS ARTICLE 2 THAT RESIDES IN A NATIVE MOBILE DEVICE WALLET.
(b) “PHYSICAL IDENTIFICATION DOCUMENT” MEANS A PHYSICAL DRIVER’S LICENSE OR INSTRUCTION PERMIT ISSUED UNDER THIS PART 1 OR A PHYSICAL IDENTIFICATION CARD ISSUED UNDER PART 3 OF THIS ARTICLE 2.
(2) THE PROVIDER OF A MOBILE IDENTIFICATION DOCUMENT MUST COMPLY WITH THE STANDARDS ADOPTED BY THE DEPARTMENT BY RULE, WHICH MAY INCLUDE THE STANDARDS ADOPTED BY THE AMERICAN ASSOCIATION OF MOTOR VEHICLE ADMINISTRATORS OR THE STANDARDS ADOPTED BY THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION AND THE INTERNATIONAL ELECTROTECHNICAL COMMISSION.
(3) THE DEPARTMENT SHALL PROMULGATE RULES SETTING CRITERIA FOR THE APPROVAL AND IMPLEMENTATION OF MOBILE IDENTIFICATION DOCUMENTS.
(4) MOBILE IDENTIFICATION DOCUMENTS MAY BE ACCEPTED TO VERIFY AN INDIVIDUAL’S AGE OR IDENTITY IN COLORADO, BUT A PERSON MAY REQUIRE A PHYSICAL IDENTIFICATION DOCUMENT TO VERIFY THE INDIVIDUAL’S AGE OR IDENTITY.
(5) THIS SECTION TAKES EFFECT JANUARY 1, 2026.
SECTION 12. Act subject to petition – effective date – applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
(2) This act applies to offenses committed or to the issuance, acceptance, or use of identification documents on or after the applicable effective date of this act.